JUDGMENT

 This appeal by special leave arises from the judgment of the Division Bench of the Allahabad High Court in writ petition No. 1179/-77 dated the July 19,1977. The facts lie in a short compass. The land comprising 205 links situated in plot No. 702 which comprises a total area of 580 links was acquired in the year 1963 for the construction of PWD office building Sharjuddinpur in Azamgarh city. While making construction, it was indeed, as found by the civil Court, at a suit of the respondent that the State had encroached upon 140 links of the land in the said plot No. 702 which was subsequently demarcated as plot Nos. 702/A and described as plot Nos. 702/4 (68 links) and 702/5 (72 links). The civil Court issued a mandatory injunction directing the PWD Department to remove the encroachment. The State while carrying the matter in appeal, simultaneously invoked its power of eminent domain and issued notification under S.4(1) of the Land Acquisition Act, 1894 (for short, the Act) which was published on October 26, 1972. The said notification came to be questioned in the High Court in this writ petition on two grounds and the High Court found, firstly, that the power exercised un